P NATARAJAN Vs. D LAWRENCE

JUDGEMENT

(1.) APPEAL Suit (First APPEAL) against the judgment decree dated 19.12.2006 in O.S.No.53 of 2005 on the file of the District Court, Nilgiris at Udhagamandalam.

(2.) THE averments made in the plaint are as follows: (i) THE suit properties stand in the name of both the defendants. Though they have purchased the same under different sale deeds, the entire extent of 3.75 acres forms single plot with common boundaries. (ii) THE plaintiff entered into a sale agreement with the defendants on 04.05.2005 for Rs.10,37,500/- and the plaintiffs paid as an advance amount of Rs.2,00,000/- to the defendants. THEy agreed to receive the balance sum of Rs.8,37,500/- within two months from the date of the said sale agreement. THEy also agreed to produce the original title deed, survey sketch, chitta extract and annual rental value certificate in respect of the suit properties. (iii) In spite of the plaintiff's repeated demands, the defendants have produced only the chitta extract and then produced the Encumbrance Certificate in the month of September 2005. THE plaintiff was always ready and willing to perform his part of contract. But the defendants failed to produce the relevant documents. (iv) THEre is a specific clause in the agreement that the possession of 2.00 acres out of 3.75 acres will be delivered after seven months from the date of the said sale agreement, as plantain crops was to be harvested. So, the defendants represented that the sale deed could be registered after harvesting the plantain crops. But the defendants with the mala-fide intention, avoided to execute the sale deed. (v) Hence, the plaintiff was constrained to issue a legal notice on 23.11.2005. In the meantime, he also received a legal notice dated 22.11.2005 from the defendants and a suitable reply was also given by the plaintiff. THE defendant's Advocate also sent a reply dated 29.11.2005. (vi) THE plaintiff was constrained to file the suit for specific performance, directing the defendants to execute and register the necessary registered sale deed in favour of the plaintiff as per the terms of the sale agreement dated 4.5.2005 and also to direct the defendants to hand over all the title deeds, survey sketch and annual rental value certificate in respect of the properties, failing which, the Court may be pleased to execute the sale deed and to deliver vacant possession of the suit properties, and for costs of the suit.

(3.) THE plaintiff in the suit has filed this petition for reception of the document as an additional evidence.